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By Royce Nunley
Founder

Many people who suffer a disability in Michigan are concerned about their ability to collect Social Security Disability (SSD). This is because there are so many misconceptions surrounding Social Security disability payments. As a result, far too many folks don’t realize they are eligible to receive SSD. In order to debunk these Social Security myths, it is helpful to understand some facts regarding eligibility and payments of SSD. This includes your ability to retain an experienced Social Security Disability attorney.

“I will need to wait a year before I can apply for SSD”

This may be the most common myth about SSD. This appears to be a misinterpretation of a key disability rule. In order to qualify for SSD payments, your disability must be something that is expected last at least 12 consecutive months. So many people don’t realize that they can apply for immediate coverage once they are physically or mentally impaired, with an expectation that the condition will least for 12 months or be terminal in nature.

“If I get approved for SSD, I can never return to work”

There are two parts to this myth. First, you can earn some small income while receiving SSD benefits. This nominal income must not in any way involve an activity that you claimed you were unable to perform in your application. Second, it is not uncommon for people to recover some of the mental or physical capacities that were lost when they became disabled. When this occurs, you can go back to work.

“My first disability application will be automatically denied”

Many people believe that the Social Security Administration (SSA) automatically rejects all first applications. While there is a high rejection rate for first-time applicants in Michigan, somewhere around 70%, the fact is that some first-time applicants get approved for SSD.

Applying for SSD involves a multistage process. You must complete and file an application providing documentation of your disability, your work history, and copies of certain documents. Your application will then undergo a five-step evaluation process. The first step is for SSA to review your work record, followed by an evaluation of your impairment. Next, the SSA will examine your medical records, followed by an evaluation of whether you are impaired from doing the work you previously did or any other possible employment. Your application can get rejected at any of these steps, which has led many to wrongly believe that the SSA automatically rejects applications twice. Rather, you will go through a process before your claim is evaluated by a judge. Moreover, many who think their applications were automatically rejected were not in fact assisted by an attorney and, as a result, made many errors that legal assistance could have helped them avoid.

“I am not eligible for SSD because I once was a substance abuser”

While SSD no longer covers addictive disorders, having a history of substance abuse does not make you automatically ineligible for these benefits. As long as you have been sober for at least one year before your application, you can apply for SSD benefits without your substance abuse history being held against you.

“If I start collecting SSD, I will stop receiving payment for my Workers’ Compensation claim”

Actually, you can receive payments from Workers’ Compensation and SSD at the same time. Instead, your SSD monthly benefit will be reduced based on a formula referred to as the Workers’ Compensation offset rule. It seems that many confuse this reduction of SSD payments as a denial of benefits altogether.

“I can’t afford an attorney to represent me for my SSD claim”

Actually, getting legal representation for your SSD claim is incredibly affordable. Our firm offers a free consultation, and we are not allowed to charge you more than 25% of your first SSD benefit check as a matter of law. As a result, you should be able to afford our legal assistance, which will also make it less aggravating for you as we help guide you through the entire application process.

Call us today for assistance with your Social Security Disability application

Getting your benefits is a big part of handling the financial aspects of a disability. At The Nunley Law Group, our team of experienced Social Security Disability attorneys look forward to guiding you through the process and helping you get the benefits you need.

About the Author
Royce Nunley practices in the areas of Family Law, Criminal Law, Social Security, and Personal Injury law. Royce graduated Cum Laude from Wayne State University with a bachelor’s degree in Spanish. He continued his education at Wayne Law, where he received his Juris Doctorate Cum Laude. Named to Superlawyer’s “rising stars” in 2019, 2020, 2021, and 2022 for his work in Family Law.